Foreword by Ken Livingstone, Mayor of London




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• Securely cover skips.

• Minimise drop heights to control the fall of materials.

• Regularly damp down surfaces with water.


 High Risk

• As for low and medium risk sites.

• Completely enclose skips whenever possible.

• Hard surface areas where skips are to be stored.

• Reduce drop heights by using variable height conveyors or chutes.


6.10 Scabbling

Scabbling is the process of grinding concrete using a machine tipped with steel or carbide material to rapidly pound it. The following measures should be in place at all sites to comply with BPM:

• Pre-wash work surfaces.

• Screen off work areas.

• Vacuum up all dusty residue rather than sweeping away.


6.11 Waste disposal/burning

Previous Government best-practice documents17 state that under the Clean Air Act 1993, bonfires are not recommended on site and if unavoidable, they should be supervised at all times. However, it is recognised across London that local authorities prefer to set conditions that prevent any bonfires on site. Taking into account the Clean Air Act 1993 and nuisance legislation (Environmental Protection Act 1990), this Best Practice Guidance recommends that:

• No burning of any material is permitted on site.

• All excess material should not be wasted, but used or safely removed from site according to appropriate legislation.


 High Risk

• In addition to the above, the developer should produce a waste or recycling plan following guidance from the Mayor’s SPG on Sustainable Design and Construction18. Further information on waste plans is provided on the Environment Agency website or in Appendix 2. The Environment Agency suggests that a waste plan includes the following best practice procedures:

- Identify the waste types that are likely to be produced and aim to reduce the amount of waste as much as possible, through identifying routes to reuse or recycle materials.

- Control access to storage areas to minimise risk of theft or damage.

- Set up a dedicated store for timber, from which workers can
re-use supplies.

- Store any materials away from sensitive locations in fenced off areas.

- Label all waste storage and skips, detailing the type of waste.

- Employ a just-in-time policy to deliver materials in order to reduce the storage time on site.

- Consider using recycled materials and recycle any materials used on site rather than disposing of them (including timber, aggregates, soil, tarmac, bricks, masonry, concrete and glass). CIRIA provides lists of recycled materials that companies will accept.

- If practicable, remove materials for recycling from buildings prior to demolition or from demolition spoil.


6.12 Dealing with spillages

For all sites, the following measures should be followed:

• use bunded areas wherever practicable

• regularly inspect the site area for spillages

• have spillage kits readily available

• clean spillages using agreed wet handling methods

• vacuum or sweep regularly to prevent the build up of fine waste dust material, which is spilled on the site and is designated as waste that is no longer fit for use should be dealt with in accordance with the Waste Management Licensing Regulations (WMLR), 1994

• inform the Environment Agency, London Fire and Emergency Planning Authority (LFEPA) or the Health Protection Agency (HPA) if harmful substances are spilled.


More information is provided by the Environment Agency in Pollution Prevention Guideline 6 - see Appendix 3.

6.13 Demolition activities

Potential dust hazards can be assessed according to BS 6187: Code of Practice for Demolition19, which includes all aspects of project development and management from demolition techniques to re-using or recycling materials. The demolition of buildings may result in a site being classified as medium or high risk during this activity.

Any asbestos must be dealt with by a registered contractor at all times and removed according to appropriate regulations (see Appendix 3) and approved codes of practice/HSE guidance such as HSG24820 and MDHS10021. Developers must carry out a Type 3 asbestos survey and undertake the following tasks:

• notify the Health and Safety Executive of any work

• always employ competent and licensed contractors

• clearly identify the location of asbestos containing materials before starting work.

• put in place procedures to sample and analyse suspect materials

• carry out independent air sampling to ensure standards are met

• dispose of asbestos-containing materials to licensed waste sites according to HSE guidelines before the demolition company is
given access.


Other examples of best practice in demolition:

• sheet and screen buildings with suitable material and where possible strip inside buildings before demolition begins

• ensure that a specialist contractor removes any asbestos before demolition (see section 6.14)

• materials should be removed from site as soon as possible. If stored, techniques covered in section 6.7 should be followed

• avoid explosive blasting where possible and consider using appropriate manual or mechanical alternatives

• bag and remove any biological debris or damp down before demolition.


Developers should refer to Sections 80-82 of the Building Act 1984 and the ICE Demolition Protocol.

6.14 Hazardous or contaminated materials

Under the Control of Substances Hazardous to Health (COSHH) Regulations, 2002, developers must ensure that they take into account risks to the workforce from exposure to any harmful substances generated by work activities. Construction sites are often associated with activities that emit volatile organic compounds (VOCs), such as use of paints, adhesives, bitumen products and concrete and timber treatments. Emphasis should be placed on preventing or reducing emissions at source and where this is not possible personal protective equipment may be appropriate.

Developers should employ similar techniques according to appropriate legislation (Appendix 3) and low emission products, which comply with the new EU Paints Directive22, should be used whenever possible.

In addition, guidance is available to prevent the contamination of
water courses from construction sites, such as CIRIA’s documents C64823 and C53224.

6.15 Specific site activities

Other activities, specific to some demolition and construction sites, also have the potential to generate dust without proper control. The Best Practice Method for each activity is outlined below:

Sand, Grit and Shot Blasting

• Use agreed wet processes, sheet areas to contain dust and use silica-free material.


Planing and sanding

• Use fans and/or filters, dust suppression techniques and water sprays.

Fitting out

• Fit all machinery for activities such as plastering, sanding or rendering with dust suppression/collection equipment.

• Vacuum all waste material.


Welding and soldering

• Follow control measures in HSE guidance notes EH54 and EH55.


Tarmac laying and use of bitumen

• Do not overheat bitumen and cover pots.

• Use great care in all processes to prevent spillages and extinguish any accidental fires immediately.


7 Emission controls for vehicles and plant

Emissions from vehicles associated with construction sites can significantly add to levels of local air pollution, so it is important that best practical means of reducing vehicle emissions are adopted.

It is particularly important to note that diesel off-road vehicles and plant (known as non-road mobile machinery, NRMM) are not currently subject to as tight controls as road vehicles. Although they only make up a small proportion of total vehicles, emissions of oxides of nitrogen (NOx) and particulate matter (PM) can be significant. Estimates in 1999 showed that UK NOx emissions from diesel NRMM were 71 kilo tonnes (approximately 8 per cent of all road transport emissions) and 7 kilo tonnes of total PM emissions (16 per cent of road transport emissions)25. A study for the EU estimated that off-road machinery accounted for approximately one third of PM2.5 emissions from mobile sources in 2000; proportionally equivalent to that from passenger cars. The report forecasts this proportion to rise to 40 per cent by 202026.

It is becoming more common for London local planning authorities to specify exhaust emission controls for NRMM for large, high profile demolition and construction sites. In addition, findings from the PRECIS working group showed that there was a case for early implementation of new European standards to control emissions from them. This Best Practice Guidance is committed to achieve a consistent approach across London by recommending minimum standards for both on-road and off-road vehicles associated with construction sites in London. These standards are explained in more detail below.

7.1 On-road vehicles

 Low Risk

If the London Low Emission Zone is implemented in 2008, then all HGVs with a gross vehicles weight over 3.5 tonnes and buses and coaches operating in London will need to meet the proposed emission standards. Up to date information regarding the Low Emission Zone can be found on the TfL website - www.tfl.gov.uk. In summary, all heavy goods vehicles will need to meet Euro III PM emissions, as a minimum, in 2008.

 Medium and High Risk

Developers can voluntarily apply tighter emission standards to their vehicles even if a low emission zone is implemented in 2008. This arrangement could be of benefit at sensitive locations and aid negotiations with the local planning authority (LPA) regarding operations on site.

7.2 Off-road vehicles and plant

Developers can specify tax-exempt ‘red’ diesel with a sulphur content equivalent to ultra low sulphur diesel (ultra low sulphur diesel means fuel meeting the specification within EN590:2004). This measure will automatically reduce particulate emissions by 30 per cent. In addition to this, fitting suitable after treatment devices can reduce the remaining particles by at least 85 per cent. As fine particles are of great concern to health this is, therefore, a very effective way of reducing any health impacts to workers and sensitive receptors. For example, studies in the US have shown that workers and residents near construction sites, where NRMM was not fitted with particulate filters, were exposed to PM2.5 exposure rates up to 16 times higher than at the site boundary. Similar results have also been seen in the UK27.

The use of exhaust after-treatment technologies is well documented over the last 30 years, particularly in other European countries such as Sweden and Switzerland where it is already a requirement to fit NRMM with exhaust emission controls. In Boston, USA, 200 pieces of plant were retrofitted with emission controls for the Big Dig project. A comprehensive range of exhaust after treatment systems (as a retrofit or as original equipment option) are now available for NRMM operating in London. As part of the approval process, the retrofit supplier has to offer a comprehensive warranty package, details of which can be found in the EST certification scheme rules on www.est.org.uk Details of emission controls for NRMM are given below:

 Low and Medium Risk

• All NRMM should use fuel equivalent to ultra low sulphur diesel (ULSD), especially where a bunkered fuel supply is available.


 High Risk

• As for low and medium risk sites.

• Grant access for an officer from the local authority or conformity inspector and provide a safe area to test NRMM if needed.

• All NRMM should comply with either the current or immediately previous EU Directive Staged Emission Standards (97/68/EC, 2002/88/EC, 2004/26/EC); now transposed into UK regulations28. As new emission standards are introduced the acceptable standards will be updated to the new current and immediately previous standard.

• NRMM with power outputs of over 37kW should be fitted with suitable after-treatment devices stated on the approved list managed by the Energy Saving Trust. The devices included on this list conform to a filtration efficiency of over 85 per cent (load/duty cycle permitting). This requirement will start from the date that the accreditation system is in operation (see Note (a)).

• The ongoing conformity of plant retrofitted with suitable after-treatment devices, to a defined performance standard, should be ensured through a programme of on-site checks.

Note (a) – Details of appropriate types of machinery suitable for after-treatment and accredited after-treatment technologies can be found on the Energy Saving Trust
website – www.est.org.uk.


7.3 Additional plant and vehicle controls

In addition to the emission standards specified above, further measures should be put in place to reduce exhaust emissions and these are listed below. In addition to local air pollutants, carbon dioxide is also emitted from vehicle exhausts. As it is a key gas linked to climate change, controls should be put in place to limit emissions; these controls will also help developers reduce fuel costs. Detailed help and advice is available on the Energy Saving Trust’s website (www.est.gov.uk).

 Low Risk

• No vehicles or plant will be left idling unnecessarily.

• NRMM (vehicles and plant) should be well maintained. Should any emissions of dark smoke occur (except during start up) then the relevant machinery should be stopped immediately and any problem rectified before being used.

• Engines and exhaust systems should be regularly serviced according to manufacturer’s recommendations and maintained to meet statutory limits/opacity tests.

• All vehicles should hold current MOT certificates where required.

• Vehicle exhausts should be directed away from the ground and positioned so they are not directed at site entrances.

• Locate plant away from the boundaries close to residential areas.


 Medium Risk

• As for low risk sites.

• Reduce the number of vehicle movements through better planning. Consider using consolidation centres to ensure that only the materials needed for the job access the site.

• Set an appropriate speed limit on haul routes.

• Clearly label all vehicles associated with the contract.


 High Risk

• As for medium risk sites.

• Where works on site occur close to residential or other sensitive receptors near the site boundary, non-essential vehicles and machinery should not enter these areas.

• Clearly label all vehicles associated with the contract.

• Control queuing or parking of vehicles outside the site, both during and before the site opens.

• Avoid use of diesel or petrol powered generators by using mains electricity or battery powered equipment where possible and if safety concerns can be overcome.

• Encourage developers to use consolidation centres to manage site deliveries. This will help reduce time wasted searching for materials and the number of vehicles entering the site, and will have both congestion and emission benefits. Details of the London Construction Consolidation Centre can be found in the draft London Freight Plan, available at www.tfl.gov.uk.


7.4 Use of rivers, canals or railways

Where construction sites are located near to waterways or railways it may be feasible for construction materials to be delivered or removed from the site using these means, rather than by road. The obvious benefit is that it will reduce the number of trips made by HGVs on local roads, therefore reducing local emissions and disturbance to sensitive receptors. This option is rarely used in London, but developers following this guidance, should try to make use of the waterways wherever possible or investigate if there is spare capacity on nearby railways. The Mayor’s draft Freight Plan also seeks to encourage the use of waterways and rail in place of roads whenever practicable.

A good example has been set by the London Borough of Greenwich. It set a planning condition to use the River Thames for construction materials transported to the Millennium Dome site on the Greenwich Peninsula.


8 Site monitoring

8.1 Site monitoring protocols

If best practicable means identified in Sections 6 and 7 are followed correctly, then formation of dust and harmful emissions from construction sites should be minimised as much as possible. However, continuous site monitoring is still an important way of helping developers manage dust and PM10 emissions from construction and demolition. The location of a construction site could impact on a local area to the extent where air quality is worsened within an existing air quality management area (AQMA) or is worsened to the extent where an AQMA needs to be declared by the relevant local authority.

This section specifies air quality monitoring protocols that should be followed according to the identified risk of the site. More information on the available measurement devices is included in Appendix 5. Monitoring of air pollution from all demolition and construction sites should be undertaken. This will vary from visual assessments for low risk sites to the installation of real time automatic monitors for PM10 for high risk sites. On certain sites it may be appropriate to determine the baseline situation before construction begins. The local planning authority (LPA) will provide advice on the appropriate air quality monitoring procedure and timescale - the requirements of which will be determined on a case by case basis.

Where the LPA requires automatic real-time air quality monitoring to be carried out by the developer, two frequently used procedures are:

• monitoring along a transect (straight line) across the construction site, set up in the direction of the prevailing wind. This will allow the developer to take into account background levels to determine the relative contribution of air quality and dust emissions from the construction site. Prior monitoring of background air quality may not be needed in this case

• monitoring to take place close to sensitive receptors to assess any impact at these locations.


 Low Risk

• Employ best practice methods at all times.

• Take into account the impact of air quality and dust on occupational exposure standards to minimise worker exposure and breaches of air quality objectives that may occur outside the site boundary, such as by visual assessment.

• Keep an accurate log of complaints from the public.


 Medium Risk

• As for low risk sites.

• Determine the prevailing wind direction across the site using data from a nearby weather station. Permanent weather stations are only operated at few locations in and around London. Ideally a minimum of 12 months data should be used.

• If measuring along a transect:

- Set up a transect across the site according to the direction of the prevailing wind.

- Operate a minimum of two automatic particulate monitors to measure PM10 levels at either end of the transect - either inside or outside the site boundary. These instruments should provide data that can be downloaded in real-time by the local authority.

• If monitoring at sensitive receptors:

- Identify which location(s) need to be monitored and set up an automatic particulate monitor at each of these to measure representative PM10 levels. These instruments should provide data that can be downloaded in real-time by the local authority.

• If relevant, supplement monitoring with hand held monitors to get on the spot readings at selected points, such as close to sensitive receptors.

• Consider also monitoring dust deposition and soiling rates as these can be used to indicate nuisance (see Appendix 4).


 High Risk

• As for medium risk sites.

• Set a site action level see Section 8.2.

• Determine prevailing wind direction, as for medium risk sites, or by setting up a weather station on site to measure local wind direction and speed.

• If measuring along a transect:

- Set up a transect across the site according to the direction of the prevailing wind.

- Operate a minimum of two automatic particulate monitors to measure PM10 levels at either end of the transect - either inside or outside the site boundary. These instruments should provide data that can be downloaded in real-time by the local authority.

• The LPA may also require monitoring at sensitive receptors, if this is the case:

- Identify which location(s) need to be monitored and set up an automatic particulate monitor at each of these to measure representative PM10 levels. These instruments should provide data that can be downloaded in real-time by the local authority.

• If applicable, supplement with low cost automatic monitors or
hand-held monitors, particularly focusing on any sensitive locations such as schools.

• Carry out dust deposition and soiling rate assessments following recommended procedures (see Appendix 4).

• Carry out a visual inspection of site activities, dust controls and site conditions and record in a daily dust log.

• Identify a responsible person on-site for dust monitoring who can access real-time PM10 data from automatic monitors (e.g., at hourly or 15 minute intervals). Ensure that adequate quality assurance/quality control is in place.

• Agree a procedure to notify the local authority, so that immediate and appropriate measures can be put in place to rectify any problem. Alert mechanisms could include email, texts or alarm systems.

• Set up 24-hour phone hotlines so that residents can complain about high dust or PM10 levels directly to the developer. Consider circulating summaries of monitoring results to the local community.


Site monitoring example: Heathrow T5

Air quality is continuously monitored at seven automatic air quality monitoring stations located around the T5 construction site. PM10 concentrations are measured at all locations, PM2.5 and NOX are measured at five of the sites and CO, SO2, O3 and met. data are collected at one location (see map). Dust soiling rates are also monitored using the glass slide method at 19 locations, close to potentially sensitive receptors. Monitoring began 18 months prior to the commencement of the construction works to determine the background air quality and determine PM10 response threshold levels and site-specific dust action levels. The T5 Project Team is responsible for ensuring that PM10 concentrations remain below these thresholds or, if a response threshold is exceeded, implementing an action plan to reduce emissions.

Both air quality and dust monitoring data is disseminated to the relevant local authorities via a secure website. The database that stores the monitoring results also compares each measurement against the relative action level and the T5 Project team is alerted by an automated e-mail if any action level is exceeded.

8.2 Site action levels

It is common procedure in other countries to set a maximum action level for PM10 concentrations at the boundary of a work site. For example, a limit of 150 g/m3, as a one-hour average, is typically set downwind of hazardous waste sites in the USA. If this is exceeded, the developer should monitor upwind and if this concentration is greater than 100 g/m3 above background and there is visible dust outside the site, additional controls should be put in place, such as personal protection for workers or suspending work if levels do not decline. In Hong Kong, two limits are set for dust from construction sites - 260 g/m3 over 24 hours (where the baseline is 200 g/m3 or above) and 500 g/m3 over 1 hour (where the baseline is 384 g/m3 or above). The one hour limit is designed to prevent any complaints.

The London borough of Greenwich enforced a site action level of 125g/m3, as a 15 minutes average, during the construction of the New Millennium Experience and the Greenwich Millennium Village. This action level was successful in promoting best practice and no complaints of dust emissions were received by the local authority.

Based on these procedures, this document recommends that a site action limit should be set, based on the risk assessment and background PM10 level and the LPA should agree this in advance. For example, a minimum site action is recommended to be 250 g/m3 over 15 minutes (or 200 g/m3 for TEOM measurement) - especially important for high-risk sites. If this level is breached it may indicate that best practice is not being achieved.

Developers should check that, where the site action level is at risk of being exceeded, best practice is in place as this could be used as a defence from prosecution under the S.80 of the Environmental Protection Act 1990.

Where the site action level is being significantly breached developers should stop work whilst ensuring that best practice measures are in place before restarting. It should be noted that local authorities may use breaches of site action levels as a basis for making a site visit and should use all powers at their disposal to prevent statutory nuisance.


Appendices

Appendix 1: Glossary


AQMA Air Quality Management Area

AQS Air Quality Strategy

BAT Best Available Techniques

BPM Best Practicable Means

BRE Building Research Establishment

CIRIA Construction Industry Research and Information Association

CIWM Chartered Institute of Waste Management

COMEAP Committee of Medical Effects of Air Pollution

COSHH Control of Substances Hazardous to Health

CTRL Channel Tunnel Rail Link

DEFRA Department of Environment, Food and Rural Affairs

Dust Particles with a diameter up to 75 m

EA Environment Agency

EPA 1990 Environmental Protection Act 1990

EST Energy Saving Trust

GLA Greater London Authority

GOL Government Office for London

HGV Heavy Goods Vehicle

HSE Health and Safety Executive

HPA Health Protection Agency

ICE Institution of Civil Engineering

LAQM Local Air Quality Management

LAPC Local Air Pollution Control

LAPPC Local Air Pollution and Prevention Control

LEV local exhaust ventilation

LEZ Low Emission Zone

LFEPA London Fire and Emergency Planning Authority

LPA Local Planning Authority

NO2 Nitrogen Dioxide

NOX Oxides of Nitrogen

NRMM Non Road Mobile Machinery

ODPM Office of Deputy Prime Minister

PG Process Guidance

PM2.5 Fine particles with a diameter less than 2.5 micrometres

PM10 Particles with a diameter less than 10 micrometres

PPS Planning Policy Statement

QA/QC Quality Assurance/Quality Control

RPC Reduced Pollution Certificate

SAC Special Area of Conservation (EU Habitats Directive)

SPA Special Protection Area (EU Birds Directive)

SPG Supplementary Planning Guidance

SSSI Site of Special Scientific Interest

TEOM Tapered Element Oscillating Monitor

TfL Transport for London

TSP Total Suspended Particles

ULSD Ultra Low Sulphur Diesel
(present UK specification is EN590:2004)

VOC Volatile Organic Compounds

Appendix 2: Examples of planning conditions used in London


The following standard phrases are taken from legal agreements and section 106 agreements signed by London local planning authorities. These phrases are intended to show what conditions can be placed on developers, but it is by no means an exhaustive list. If you choose to use these examples, take care to ensure the correct wording is used to reflect current policies:

Provisions from the legal agreement that apply to the
Thames Gateway Bridge

The legal agreement was signed by LB Barking and Dagenham, LB Greenwich, LB Newham, LB Redbridge and Transport for London. The following minimum provisions shall apply to vehicles used by contractors for the purposes of construction of the Thames Gateway Bridge, currently anticipated to be from 2008 to 2012:

1 All HGVs shall have minimum emissions standards equivalent to Euro III plus exhaust after treatment (duty cycle permitting) from start of construction and Euro IV by 2010;

2 All Non Road Mobile Machinery (NRMM) shall use ultra low sulphur diesel (ULSD);

3 All Non Road Mobile Machinery (NRMM) shall comply with either the current or next previous EU Directive Staged Emission Standards (97/68/EC, 2002/88/EC, 2004/26/EC);

4 All Non Road Mobile Machinery (NRMM) shall be fitted with Diesel Particulate Filters (DPF) or other exhaust after-treatment conforming to a defined and demonstrated filtration efficiency (load/duty cycle permitting); and

5 The ongoing conformity of plant retrofitted with exhaust after-treatment, to a defined performance standard, shall be ensured through a programme of on-site checks.


Example of a planning condition set by LB Newham for the Channel Tunnel Rail Link

All commercial road vehicles used on the construction project must meet the European Emission Standards (commonly known as Euro standards) of Euro 3 during any works that take place from the date of this consent and Euro 4 for any works that takes place from 1 January 2008. In the event of any new European Emission Standards being introduced after 2006, the standards shall be applied to all road vehicles serving the construction project within a period of 2 years from the date of introduction contained within the relevant EU Directive.

All non-road mobile vehicles with compression ignition engines used within the site must comply with emission standards set in EC directive 97/68/EC. Vehicles must meet Stage II limits from the start of contract and from I January 2012, meet Stage IIIa and b emission limits.

Exemptions to the above standards (for road and non-road vehicles) may be granted for specialist equipment or for equipment with alternative emission reduction equipment or run on alternative fuels. Such exemptions will be applied for in writing to the LPA in advance of the use of such vehicles, detailing the reasons for the exemption being sought and clearly identifying the subject vehicles. Exemptions that are granted will be made in writing and such vehicles must not be used until written exemption has been received by the applicant.

No vehicles or plant to which the above emission standards apply shall be on site, at any time, whether in use or not, unless it complies with the above standards, without the prior written consent of the local planning authority.

Any diesel powered machines used on, or otherwise serving the site, must be run on ultra low sulphur diesel (also known as ULSD ‘cleaner diesel’ or ‘green diesel’). “Ultra low sulphur diesel” means fuel meeting the specification within EN590:2004.

Reasons: To protect the amenity of future occupants and/or neighbours and with regard to policy EQ45 of the London Borough of Newham Unitary Development Plan (adopted June 2001).

Examples of 106 agreement clauses set by LB Greenwich with regard to the Greenwich Peninsula Development
(Planning ref: 02/2903/O)


DEED OF PLANNING OBLIGATION

18. Low Emission Zone

18.1 The Developer covenants with the Council:

18.1.1 at the same time as it submits the first application for residential/commercial development for approval of reserved matters to the Council in consultation with the GLA under condition number 53 of the Planning Permission to submit to the Council for approval details of the Low Emission Zone on the Land and of the Low Emission Zone Controls together with a programme for implementation of the Low Emission Zone and the Low Emission Zone Controls all within the terms set out in Schedule 6;

18.1.2 to implement the Low Emission Zone and the Low Emission Zone Controls on the respective parts of the Land in accordance with the details and the programme approved under Clause 18.1.1 to the reasonable satisfaction of the Council and thereafter keep implemented the Low Emission Zone and the Low Emission Zone Controls at all times until Completion of the Development to the reasonable satisfaction of the Council, subject to any variation of the Low Emission Zone and/or the Low Emission Zone Controls approved by the Council from time to time;

18.1.3 save for the heavy goods vehicles and construction vehicles referred to in Schedule 6 not later than 1 April 2010 (or such other date agreed by the Council) and thereafter at the dates for Periodic Review, to submit to the Council for approval a review of the operation of the Low Emission Zone, including the Low Emission Zone Controls over the preceding period and proposals for the following period and shall use all reasonable endeavours to obtain the Council's approval thereto.

The relevant schedule with regards to HGVs and the Greenwich Low Emission Zone

12. Heavy Goods Vehicles / Construction Vehicles

12.1 Through the operation of the Integrated Management System, MDL will use reasonable endeavours to achieve emission levels for HGV/Construction vehicles in accordance with the item 11.2 below.

12.2 MDL will use reasonable endeavours to achieve emission levels for HGV as follows:

12.3 80% vehicles achieving a minimum Euro 2 plus reduced pollution certificate up to 1 January 2007;

12.4 MDL will use the following measures:

(a) prior to MDL's approval of a principal Contractor to start on site at any of the development plots (and/or infrastructure works), the principal Contractor will be required to submit his strategy to MDL for achieving the required Euro emission standards;

(b) the principal Contractor will be required to monitor progress against his strategy referred to in Paragraph 3.1;

MDL will carry out a review of the HGV/Construction vehicle low emission zone measures and targets post Dome Arena opening with a view to achieving Euro 4 compliance by 1 January 2010.

DEED OF PLANNING OBLIGATION

35 Maximise use of the river Thames

35.1 The Developer covenants with the Council:

35.1.1 not later than the First Dwelling Implementation Date to submit to the Council for approval in consultation with TfL a strategy to maximise use of the River Thames where reasonably appropriate for the delivery of those construction materials to the Southern Land and removal of that construction waste from the Southern Land as listed in Schedule 3, during the construction of the Development;

35.1.2 before Implementation of any part of the Development on a Plot to submit to the Council for approval by the Council detailed measures to implement the strategy referred to in Clause 35.1.1 and to implement such measures in the carrying out of the part of the Development on the Plot.

35.2 The strategy shall be included in the Integrated Management System.

35.3 This Clause 35 is a Management Covenant except in relation to Clause 35.1.2 which is a Plot Covenant. similar facilities subject to the agreement of commercial terms. compliance by 1 January 2010.

The relevant schedule with regards to using the River Thames

RIVER USE/NON-ROAD USE

Any reference to MDL in this Schedule 2 shall, unless the context otherwise provides, mean the Developer in Clause 3 of this Agreement. Any reference to Ansco in this Schedule 2 shall, unless the context otherwise provides, mean the Developer in Clause 4 of this Agreement.

1. Through the operation of the Integrated Management System, the Developer will use reasonable endeavours to reduce road based construction traffic from levels predicted in the Environmental Statement. Maximising use of the River Thames will play a key role in achieving this objective but the Developer shall be entitled to have regard to the cost differential between river and road use.

2. The Developer will use reasonable endeavours to reduce the amount of construction materials transported by road to/from the Land (measured by weight and as a percentage of the total weight of materials transported) as follows:

2.1 10% by the first Periodic Review (2 years);

2.2 15% by the second Periodic Review (5 years);

2.3 20% by the third Periodic Review (10 years);

2.4 25% by the fourth Periodic Review (15 years); and

2.5 30% by the fifth Periodic Review (20 years).

3. The Developer will use the following measures:

3.1 Prior to the Developer's approval of a principal Contractor to start on site at any of the Plots (and/or associated infrastructure works), the principal Contractor will be required to submit its strategy to the Developer for evaluation and implementation of non-road transportation of materials to/from its site. The principal Contractor's strategy shall include procedures for increasing the amount of non-road transportation of construction materials to/from his site during his contract period.

3.2 The principal Contractor will be required to monitor progress against the principal Contractor's strategy referred to in Paragraph 3.1. For example, at the Dates for Periodic Review referred to in Paragraph 2, the principal Contractor will be required by the Developer to confirm the proportion of materials (measured by weight and as a percentage of the total weight of materials) transported (or intended to be transported) to/from the Land by river transport.

4. Details of the Hanson concrete supply operation at VDWT and the London Concrete supply operation will be provided to all relevant Contractors by the Developer. Both operations utilise non-road transportation to import bulk aggregate materials to their facilities - and will qualify for designation as non-road imported material. All relevant Contractors will be encouraged by the Developer to utilise these or similar facilities subject to the agreement of commercial terms. compliance by 1 January 2010.

Appendix 3: Relevant legislation and guidance

1 UK Acts of Parliament

This section provides a brief explanation of some of the major legislation and guidance that local authorities can use to control dust and emissions from construction and demolition sites. These are provided for information purposes and are not an authoritative statement of the law.

Environmental Protection Act (EPA) 1990 and Pollution Prevention and Control (England and Wales) Regulations 2000

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Foreword by Ken Livingstone, Mayor of London iconMayor’s foreword 5Executive summary 7Introduction 17 1 Maintaining London’s position 33as a world city for culture

Foreword by Ken Livingstone, Mayor of London iconGlaeconomics laying the foundations London’s construction industry February 2006 Transport for London London Development Agency Mayor of London Greater London Authority

Foreword by Ken Livingstone, Mayor of London iconThis is London’s Economic Development Strategy, prepared by the London Development Agency (lda) on behalf of the Mayor of London. It replaces the 2001 Strategy

Foreword by Ken Livingstone, Mayor of London icon1. 1 The London 2012 Directorate supports the Mayor in delivering his responsibilities and priorities with respect to the London 2012 Olympic and Paralympic

Foreword by Ken Livingstone, Mayor of London iconMayor of london

Foreword by Ken Livingstone, Mayor of London iconThe Mayor of London’s Annual Report

Foreword by Ken Livingstone, Mayor of London iconThe Mayor’s Outer London Commission: Report

Foreword by Ken Livingstone, Mayor of London iconLondon Assembly mqt – 23 May 2012 1st Mayor’s Report to the Assembly

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